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  1. Overview: United States Fifteenth Amendment
  2. Full Record: United States Fifteenth Amendment
  3. Committee:The Senate
  4. Session: 1867-03-16 12:00:00
  5. Event type: CREATE_FROM

United States Fifteenth Amendment

The Senate

The Senate of the Fortieth Session of Congress

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Document introduced in:

Session 8404: 1867-03-16 12:00:00

H. R. 33 is reported, with an amendment, by the Committee of the Whole; it is further considered in the Senate

Document View (with components):

H. R. 33

Shown with amendment 'H. R. 33: Mr. Conkling's Modification to His Amendment' (e850725)

There are 0 proposed amendments related to this document on which decisions have not been taken.

A Bill

Supplementary to an act entitled “An act to provide for the more efficient government of the rebel States,” passed March 2, 1867, and to facilitate restoration.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That before the 1st day of September, 1867, [+e850690]the commanding general in each district defined by an[+e850690]the[-e850531] act entitled “An act to provide for the more efficient government of the rebel States,” passed March 2, 1867, shall cause a registration to be made before the first day of September, 1867, in each county or parish in the several States included in his district, [-e850531]of the male citizens of the United States,[+e850690] twenty-one years of age and upwards[-e850531], resident in each county or parish in the State or States included in his district[+e850690], which registration shall include only those persons who are qualified to vote for delegates by the s[-e850531]aid “A[-e850531]ct aforesaid,[+e850690]to provide for the more efficient government of the rebel States,”[-e850531] and who shall have taken and subscribed the following oath or affirmation: “I do solemnly swear[+e850749], or affirm,[+e850750] in the presence of Almighty God[+e850749], that I am a citizen of the State of [+e850749]__ [+e850690 -e850749], that I have resided in said State for[+e850749]of[-e850749] __ [+e850690]months next preceding this day[+e850749], and now reside [+e850749]in the county of __ o[+e850749]r the [+e850749]parish of __ [+e850690], [-e850749]in said[+e850749]the[-e850749] State of [-e850749]__[+e850690 -e850749]——[-e850531], (as the case may be;) that I am twenty-one years old;[+e850749]do hereby solemnly swear (or affirm)[-e850749] that I have[+e850749]am[-e850749] not been disfranchis[+e850749]exclud[-e850749]ed for participation in any rebellion or civil war against the United States, nor for felony committed against[+e850749]rom the right to vote by[-e850749] the provisions of the [-e850531]laws of any State or of the United States; that I have never taken an oath as a member of C[+e850749]fifth and sixth secti[-e850749]ongres[+e850749]s of the [-e850531]Un[+e850749]act [-e850749]pa[-e850531]the act [+e850690]ent[+e850690 -e850749]it[+e850690]l[+e850690 -e850749]e[+e850690]s[-e850664]sed M[-e850531]a[-e850664]rch 2, 1867, ent[-e850531]i[-e850664]tle[-e850531]d 'An [-e850531]States or as [+e850749]an [+e850690]officer of the United States, or as a member of any State Legislatures, or as an executiv[+e850749]'A[+e850690 -e850749]ct to provide for th[-e850749]e m[-e850749]or judicial o[+e850749]e e[-e850749]fficer of any State to support the Constitution[+e850749]ient government[-e850749] of the United States, and afterward engaged in insurrection or [+e850749]rebellion against the United[+e850749] States,' that I am sincerely and earnestly attached to the Union and Government of the United States[-e850531], or given aid or comfort to the enemies thereof[+e850749];'[+e850690 -e850749] that I will steadfastly [-e850531]faithfully [+e850749]s[-e850531]upport the Constitution and obey the laws of the United States, and that I [-e850749]will,[+e850690] to the best of my ability,[+e850690] encour[+e850690]g[-e850531]age all [-e850749]others so [+e850749]to [+e850540]do[+e850690]:[+e850749] the same,[+e850690 -e850749] so help me God;” which oath or affirmation may be administered by any registering officer.[+e850690]s[+e850540 -e850531]uch support and obedience. So help me God.” [-e850531]

SEC. 2. And be it further enacted, That after the completion of[+e850690]whenever[-e850531] the registration hereby provided for in any State, at such time[+e850690]shall be completed,[-e850531] and plac[+e850690]copi[-e850531]es therein as[+e850690]of returned to[-e850531] the commanding general, he[-e850531] shall appoint and dire[+e850690]cause to be held in each State of his distri[-e850531]ct, of which a[+e850690]n a day no[-e850531]t least[+e850690]ss than[-e850531] thirty days’ public notice shall be given[+e850690] from the date of his proclamation thereof[-e850531], an election shall be held [+e850690]of delegates to a convention for the purpose of establish[+e850690]fram[-e850531]ing a constitution for said State, [-e850531]and of firmly re-establishing a [-e850531]civil government for such State [+e850690]loyal to the Union therein[-e850531], said conven[+e850690]and of passing all needful ordinances for putting said constitu[-e850531]tion and government [-e850531]in each Sta[+e850690]to operation. [-e850531]

[-e850531]

SEC. 3. And be it further enac[-e850531]ted[-e850531], except Virginia, to[+e850690]That the convention in each State shall[-e850531] consist of the same [+e850690]number of members as[+e850690]of[-e850531] the most numerous branch of the State L[+e850690]l[-e850531]egislature of such State,[-e850531] under the const[-e850531]itutio[-e850531]n thereof[-e850531] y[+e850690]existing Janu[-e850531]ary 1,[-e850531] 1860, to be[+e850690];[-e850531] apportio[+e850690]ne[+e850690]d [+e850540]among [+e850690]the s[+e850690]e[+e850540]vera[+e850690]lection[-e850531] districts, counties, or paris[+e850690] existing on the said first day of January shall be observed in the elections and in t[-e850531]he a[-e850531]ssignment[-e850531] of such State by t[+e850690]delegates. T[-e850531]he commanding general,[+e850690] giving t[+e850690]of[-e850531] each representation in the ratio of voters registered as aforesaid[+e850690]military district shall assign,[-e850531] as nearly[+e850690] as may be. The conven[+e850690], to the several elec[-e850531]tion in Virginia shall consist of[+e850690]districts in each State within his jurisdiction,[-e850531] the same [+e850690]number of members as represented the territory now constituting Virginia in[+e850690]delegates to which it may be entitled, according to[-e850531] the most [+e850690]numerous [+e850690]be[-e850531]ranch[+e850690] of the L[+e850690]r[-e850531]egislature of said State in the year 1860, to[+e850690]tered voters within its limits: Provided, That each district shall[-e850531] be apportion[+e850690]entitl[-e850531]ed as aforesaid.[+e850690]t least to one delegate. [-e850531]

SEC. 3[+e850690]4[-e850531]. And be it further enacted, That at [+e850693]the [+e850693 -e850695]said election the registered voters of each State shall vote for or against a convention to form a constitution therefor under this act. Those voting in favor of such a convention shall have written or printed on the ballots by which they vote for delegates as aforesaid the words "For a convention," and those voting against such a convention shall have written or printed on such ballots the words “Against a convention.” The persons appointed to superintend said election and to make return of the votes given thereat as herein provided, shall count and make return of the votes given for and against a convention; and the commanding general to whom the same shall be returned shall ascertain and declare the total vote in each State for and against a convention. If a majority of the [+e850693]r[+e850723]wh[+e850693 -e850695]re[+e850723]ol[+e850693 -e850695]stered as aforesaid[+e850723]e number of voters r[+e850693 -e850723]e[+e850693 -e850695]gi[+e850693]ven [+e850695]vote in favor of[+e850723]on that question[+e850695 -e850723]stered in[+e850693 -e850723] any S[+e850693 -e850695]such[+e850725]ta[+e850693 -e850725]te as afo[+e850693 -e850695]th[+e850723]resaid [+e850693 -e850723]not assemb[+e850725]s[+e850693 -e850725] Provided further, That such convention shall not be held unless a majority of all such registered voters shall have voted on the question of holding such convention.[+e850742]hall [+e850693 -e850725]b[+e850695 -e850723]h[+e850693 -e850723]a[+e850693 -e850725]ve vote[+e850693 -e850723]d[+e850693 -e850695] for a convention, then [+e850693 -e850723]s[+e850693]uch convention shal[+e850693 -e850723]l[+e850693] [+e850693 -e850723]be held as[+e850693]held; otherwise[+e850723] hereinafter provided; but if a [+e850693 -e850723]majo[+e850693]rity [+e850693 -e850723]of s[+e850693]aid[+e850695]uch whole num[+e850693 -e850695]called[+e850723]ber of voters regis[+e850693 -e850723]tered [+e850693 -e850695]shall [+e850693]be given[+e850695]have voted[+e850693 -e850695] against a convention, then no such convention shall be held under this act. [+e850693]

[+e850693]

SEC. 4. And be it further enacted, That [+e850693]the commanding general of each district shall appoint as many boards of registrati[+e850690]such loyal officers or pers[-e850531]ons[-e850531] as may be necessary, consist[+e850690]not exceed[-e850531]ing of[+e850690] [+e850540]three loyal officers or pers[+e850690]in each electi[-e850531]on di[-e850531]strict[-e850531], to make and complete the[+e850690]a[-e850531] registration, superintend[+e850690]to preside at[-e850531] the election, to receive, sort, [-e850531]and count, and to [-e850531]make return to him of the votes, lists of voters, and of the persons elected as delegates by a plurality of the votes cast at said election; and upon receiving said returns he shall open the same, ascertain the persons elected as delegates if a majority of the votes given on that question shall be for a convention, the commanding general, [+e850707]according to the returns of the officers wh,[+e850707]o c[-e850707]onducted said election, and make proclamation thereof, and within sixty days from the date of election he shall notify the delegates to assemble in convention[+e850690],[-e850531] at a time proceed[+e850704]and place to be mentioned in the notification, [-e850704]and [+e850690 -e850704]said convention, w[+e850690]to proceed to[-e850531] the[-e850704]n[+e850690 -e850704] organiz[-e850704]ed, shall f[+e850690 -e850704]irst determine by a vote [+e850690]w[+e850690 -e850704]hether it is the wish of[+e850690]ation of a convention; and when[-e850531] the [+e850540]people of such Stat[+e850690]s[+e850540 -e850531]aid convention shall hav[-e850531]e to [+e850690]framed[-e850531] a constitution and c[+e850690]ivil gov[+e850690]er[+e850690 -e850704]n[-e850704]ment[+e850690 -e850704] accord[-e850704]ing to the provisions of this act and t[+e850690 -e850704]he a[+e850690]ance with said “A[-e850531]ct to which it is supplementary, and if so, shall proceed to frame such constitution; and wh[+e850690]provide for the more efficient governm[-e850531]ent of[-e850531] the same shall have been so framed,[+e850690]rebel States,”[-e850531] said constitution shall be submitted by the convention for ratification [+e850690]to the persons registered under the provisions of this act at an election to be conducted by the officers or persons appointed, or to be appointed,[+e850690] by the commanding general, as herein [-e850531]before provided, and to be held after the expiration of thirty days from the date of notice thereof, to be given by said convention; and the returns thereof,[+e850690] shall be made to the commanding general of the district. [-e850531]

SEC. 5[+e850693]4[+e850690 -e850693]5[-e850531]. And be it further enacted, That if, according to said returns, the constitution shall be ratified by a majority of the votes of the electors qualified as herein specified, cast at said election, at least one half of all the registered voters voting upon the question of such ratification, [+e850690]the president of the convention shall transmit a copy of the same, duly certified, to the President of the United States, who shall forthwith transmit the same to Congress, if then in session, and if not in session, then immediately upon its next assembling; and if the said constitution shall be declared by Congress to be in conformity with the provis[+e850690]fifth sect[-e850531]ions[+e850690] of the act entitled “An act [-e850531]to wh[+e850690]provide for the more eff[-e850531]icient government of t[-e850531]he rebel States,” and[-e850531] the other prov[-e850531]is is supplementary[+e850690]ions of said act shall have been complied with[-e850531], and the other provisions of said act shall have been complied with, and the said constitution shall be approved by Congress, [+e850690]the State shall be declared entitled to representation, and S[+e850690]s[-e850531]enators and R[+e850690]r[-e850531]epresentatives shall be admitted therefrom as therein provided. [-e850531]

SEC. 6[+e850693]5[+e850690 -e850693]6[-e850531]. And be it further enacted, That all elections in the States mentioned in the said a[+e850690]“A[-e850531]ct to provide for the more efficient government of the rebel States,”[-e850531] shall, during the operation of said act, be by ballot; and all officers making the said registration of voters and conducting said elections shall, before entering upon the discharge of their duties, take and subscribe the oath prescribed by the act approved July 2, 1862, entitled “An act to prescribe an oath of office.” [-e850531]

SEC. 7[+e850693]6[+e850690 -e850693]7[-e850531]. And be it further enacted.[+e850690],[-e850531] That all expenses incurred by the several commanding generals, or by virtue of any orders issued, or appointments made, by them, under or by virtue of this act, shall be paid out of any moneys in the T[+e850690]t[-e850531]reasury not otherwise appropriated. [-e850531]

SEC. 8[+e850693]7[+e850690 -e850693]8[-e850531]. And be it further enacted, That the convention for each State shall prescribe the fees, salary, and compensation to be paid to all delegates and other officers and agents herein authorized or necessary to carry into effect the purposes of this act not herein otherwise provided for, and shall provide for the levy and collection of such taxes on the property in such State as may be necessary to pay the same. [+e850690]

[+e850690]

SEC.[+e850690] 9[+e850693]8[+e850690 -e850693]. And be it further enacted. That the word article, in the sixth section of the act to which this is supplementary, shall be construed to mean section.[+e850690]

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